BOBBY LEE FLUKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY LEE FLUKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
474 So. 2d 334
Florida District Court of Appeal, First District (1985)
Caution
Cited by 2 cases
Opinion of the Court
BARFIELD, Judge.
The defendant, Bobby Lee Fluker, filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging that at his trial the state knowingly used perjured testimony and that he had ineffective assistance of counsel. The trial court denied relief on the grounds that the basis for the motion could have been raised on direct appeal. The trial court erred because both bases can be proper grounds for post-conviction relief; however, the motion is facial ly insufficient for failure to contain a statement of the facts relied upon in support of the motion as required by Rule 3.850(f).
AFFIRMED.
BOOTH, C.J., and WIGGINTON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Norvel L. Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986)…lant aptly contends that this rule places him between the proverbial “rock and a hard place.” A number of decisions have denied rule 3.850 motions for failure to contain a sufficiently explicit statement of supporting facts. E.g., Fluker v. State, 474 So. 2d 334 (Fla. 1st DCA 1985). Appellant contends that he needs certain portions of the record in order to accurately set forth the grounds of his motion. For example, appellant alleges that his trial counsel was a civil, rather than a criminal, lawyer and th…